Rule 11-105. Supreme Court Action on Rule Modifications.

Intent:

To establish procedures for the review and adoption of rule change recommendations.

Applicability:

This rule shall apply to the Supreme Court and the Administrative Office of the Courts.

Statement of the Rule:

(1) Advisory committee proposals. The Supreme Court shall consider committee proposals and adopt, modify or reject those proposals. The Supreme Court shall notify committee chairs and the Administrative Office of the Courts as to which proposals were adopted, modified, or rejected.

(2) Petitions concerning rules or procedures pertaining to the practice of law. The Supreme Court shall consider petitions and petitioners’ memoranda and adopt, modify, or reject the proposals made and enter an appropriate order.

(3) Court-initiated rules.

(3)(A) In its discretion, the Supreme Court may adopt rules of procedure or evidence, rules regulating judges pro tempore and retired judges, and rules governing the practice of law, or modify or repeal those rules upon its own initiative and without proposals by the advisory committees or the Utah State Bar.

(3)(B) The Supreme Court shall distribute a copy of the proposed rule as provided in Rule 11-106.

(3)(C) The Administrative Office of the Courts shall publish the rule for a 45-day comment period and submit any comments received during that period to the Supreme Court for consideration. The Supreme Court may then adopt, or amend and adopt, or decline to adopt the rule.

(4) Effective date. Rules shall become effective 60 days after adoption by the Supreme Court unless otherwise ordered.

(5) Expedited rulemaking.

(5)(A) Notwithstanding the other provisions contained in these rules, if the Supreme Court determines that it is in the best interest of the Judiciary to suspend the rulemaking procedures, the Supreme Court may adopt any rule and provide a date for the rule to become effective.

(5)(B)The Supreme Court shall distribute a copy of the approved rule as provided in Rule 11-106. The Administrative Office of the Courts shall publish the rule for a 45-day comment period and submit any comments received during that period to the Supreme Court for consideration. The Supreme Court may then ratify, amend or repeal the rule.

(6) Publication. All rules adopted by the Supreme Court shall be published.